SUPREME COURT OF QUEENSLAND
CITATION:
Ericson v Queensland Building and Construction Commission [2016] QCA 140
PARTIES:
IAN JAMES ERICSON
(applicant)
v
QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION
(respondent)FILE NO/S:
Appeal No 8105 of 2015
QCATA No 180 of 2012DIVISION:
Court of Appeal
PROCEEDING:
Application for Leave Queensland Civil and Administrative Tribunal Act
ORIGINATING COURT:
Queensland Civil and Administrative Tribunal at BrisbaneDELIVERED ON:
Orders delivered ex tempore 2 March 2016
Reasons delivered 3 June 2016DELIVERED AT:
Brisbane
HEARING DATE:
2 March 2016
JUDGES:
Margaret McMurdo P and Gotterson JA and Martin J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
Delivered ex tempore on 2 March 2016:
1. Leave to appeal is refused.
2. The Court will give its reasons for that order later.
3. The Applicant is to pay the Respondent’s costs of the application, to be assessed on the standard basis.
CATCHWORDS:
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where the respondent suspended and later cancelled the applicant’s building licence – where a single member of the Queensland Civil and Administrative Tribunal (QCAT) set aside that decision – where the Appeal Tribunal of QCAT reversed the decision to set aside and confirmed the respondent’s decision – where leave was granted to appeal the decision of the Appeal Tribunal to the Court of Appeal – where the Court of Appeal allowed the appeal on the basis that the Appeal Tribunal misapprehended the nature of its jurisdiction – where, on remitter, the Appeal Tribunal again set aside the original QCAT decision, and confirmed the respondent’s decision – where leave was granted to the Court of Appeal in respect of that decision – where this Court allowed the appeal, on the basis that the Appeal Tribunal failed to adequately deal with the issue of whether it was proceeding under s 146 or s 147 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) – where the Court of Appeal remitted the matter to a differently constituted Appeal Tribunal for reconsideration – where the Appeal Tribunal thus constituted set aside the original QCAT decision and remitted the matter to the member for reconsideration – where the applicant contends that the Appeal Tribunal failed to properly take into consideration and apply the previous decisions of this Court – where the applicant also contends that the Appeal Tribunal failed to properly take into account s 48 of the Queensland Building Services Authority Act 1991 (Qld) – where the applicant submits that the Appeal Tribunal erred by taking into consideration evidence not available to the original decision maker
Queensland Building Services Authority Act 1991 (Qld), s 48
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 146, s 147, s 150Ericson v Queensland Building and Construction Commission[2014] QCA 297, considered
Ericson v Queensland Building Services Authority[2013] QCA 391, considered
Queensland Building and Construction Commission v Ericson t/a Flea’s Concreting [2015] QCATA 111
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- Case
- [2016] QCA 140
- Decision Date
CaseChat Overview and Summary
The legal issues at the heart of the case involved the interpretation and application of sections 146 and 147 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld), and the relevance of the Queensland Building Services Authority Act 1991 (Qld). Additionally, the applicant argued that the tribunals failed to properly consider previous decisions of the Court of Appeal and took into account evidence that was not available to the original decision maker. The applicant also claimed that the tribunals did not adequately address the nature of their jurisdiction in reviewing the original decision.
The court found that the Appeal Tribunal of the Queensland Civil and Administrative Tribunal (QCATA) had not adequately dealt with the jurisdictional issue of whether it was proceeding under s 146 or s 147 of the QCAT Act. Despite the Court of Appeal's earlier guidance on this matter, the tribunals had failed to clearly delineate their basis for proceeding. This oversight led to the Supreme Court allowing the appeal and remitting the matter to a differently constituted Appeal Tribunal for reconsideration. The tribunal, upon reconsideration, set aside the original QCAT decision and remitted the matter to the original member for reconsideration. However, the applicant argued that this tribunal also failed to properly apply the Court's previous decisions and took into account improper evidence.
ORDERS:
On 2 March 2016, the Supreme Court delivered its decision ex tempore. The Court refused leave to appeal and ordered that the applicant pay the respondent's costs of the application, to be assessed on the standard basis. The reasons for this order would be provided later.
Orders
Orders of the court
Delivered ex tempore on 2 March 2016:
1. Leave to appeal is refused.
2. The Court will give its reasons for that order later.
3. The Applicant is to pay the Respondent’s costs of the application, to be assessed on the standard basis.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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